Picture of David M. Whitaker

David M. Whitaker

Partner

"I enjoy labor and employment law because it is a people-focused practice area in which the law is always evolving. I collaborate with clients to find creative solutions to the many challenges that employers face in managing their workforce."

David Whitaker practices in the labor and employment law group. He concentrates his practice in the defense of employment discrimination, harassment and other employment-related claims, advising employers on compliance with state and federal employment laws, drafting employment contracts, non-compete agreements and other employment-related agreements and policies. David also handles employment-based immigration matters, including assisting employers in obtaining work visas (including H-1B, L, O and TN visas) that allow them to employ skilled foreign workers on a temporary basis in the United States and sponsoring foreign guest workers for permanent resident (green card) status. He also advises, counsels and trains employers regarding I-9 and OSHA compliance and workplace safety issues and assists clients with the defense of OSHA investigations and citations.

Mr. Whitaker defended an employer in one of the first transgender employment discrimination lawsuits filed in the State of Louisiana. He also frequently advises employers on the proper handling of employee medical leaves, reasonable accommodations and related return to work issues arising under the Family Medical Leave Act and Americans with Disabilities Act.

He regularly advises employers with respect to compliance with state and federal wage payment requirements, including the Federal Fair Labor Standards Act, as well as the Davis-Bacon Act, which applies to employers performing work on certain federally funded construction projects. He assists clients with managing Department of Labor wage and hour audits and represents employers in defense of legal claims seeking unpaid overtime, including the defense of class action and collective action claims.

In January 2015, Mr. Whitaker argued a Davis-Bacon case of national significance before the Department of Labor Administrative Review Board. The case concerned whether contractors are responsible for payment of employee lodging expenses on out-of-town projects (in addition to mandatory prevailing wage rates), a high stakes issue for contractors engaged on projects subject to the Act.

Mr. Whitaker also advises clients on the employment-related requirements for enhanced tax credits available under the Inflation Reduction Act of 2022, including prevailing wage and apprenticeship requirements.

Mr. Whitaker also assists clients with the resolution of commercial disputes, including breach of contract disputes and claims involving breach of non-compete and confidentiality agreements and unfair trade practice claims.

Representative Experience
  • Representation of employers in all types of employment discrimination litigation.
  • Providing advice and counsel to employers on compliance with fair employment and wage payment laws, workplace investigations and employee discipline and discharge issues.
  • Development of employment agreements, arbitration agreements, employment policies and handbooks.
  • Representation of employers in arbitration proceedings, including arbitration of statutory employment claims and arbitration of grievances arising under collective bargaining agreements.
  • Training employer supervisors on equal employment opportunity, avoidance of workplace harassment claims and union avoidance training.
  • Representation of employers in proceedings before governmental agencies, including the United States Equal Employment Opportunity Commission, the United States Department of Labor, the National Labor Relations Board, the Louisiana Commission on Human Rights and other state fair employment agencies and representation of employers during OSHA worksite inspections and citation contest proceedings.
  • Representation of employers in Department of Labor wage and hour audits pursuant to the federal Fair Labor Standards Act and defense of employers against individual and collective action wage and hour claims brought under state and federal law.
  • Representation of employers in the enforcement of non-compete agreements and litigation related to the protection of trade secrets and confidential information.
  • Representation of employers in petitions filed with the USCIS seeking grant of work visas and employer-sponsored green cards.
  • Representation of companies in complex commercial litigation matters.
Education
  • Tulane Law School, J.D., cum laude, 1991
    • Member, Order of the Coif
  • The University of New Orleans, B.S., 1988
Admissions
  • Louisiana
  • U.S. Court of Appeals, Fifth Circuit
Memberships
  • Member, Baton Rouge Bar Association
  • Member, Louisiana State Bar Association
  • Member, American Bar Association
  • Member, Federal Bar Association
  • Member, Propane Gas Defense Association
Recognition
  • "Best Lawyers," The Best Lawyers in America, 2013-2025
  • "Lawyer of the Year," The Best Lawyers in America, 2022, 2024
  • "Top Lawyers," New Orleans Magazine, 2022
  • "Leadership in Law," New Orleans CityBusiness, 2018
Articles, Publications and Presentations
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